A.M. No. P-09-2686 - Herdo vs. Bengson

Complainant: Priscilla L. Hernando, a private individual.
Respondent: Juliana Y. Bengson, Legal Researcher of the Regional Trial Court, Branch 104, Quezon City.
Initial disciplinary resolution (March 10, 2010) found Bengson guilty of Simple Misconduct and imposed a suspension from service without pay for one (1) month and one (1) day.

Bengson offered her services to assist Hernando in the facilitation of land transfer papers at the Bureau of Internal Revenue (BIR).
She proposed to connect Hernando with a surveyor for a fee, which later became the subject of contentious negotiations.
A package contract was arranged wherein Bengson acted as the middle person.

Bengson personally received a fee—a sum eventually fixed at P70,000—from Hernando.
Investigative evidence showed that Bengson led Hernando to believe that her recommended surveyor, Maritess Villacorte, was capable of facilitating the titling of the property.
The surveyor failed to deliver as expected, confirming the misrepresentation on Bengson’s part.
Bengson’s visits to Hernando’s residence, accompanied first by her husband and later by her half-sister and niece, underscored her active involvement in the transaction.
Testimonies and investigative reports (by the trial judge, Executive Judge Teodoro A. Bay, and the Office of the Court Administrator) consistently pointed to her complicity in the failed titling process.

Hernando contended that, as a court employee, Bengson should not be engaged in facilitating private transactions that undermine the integrity of the service.
She argued that the act of offering her assistance in the land transfer process was “conduct prejudicial to the best interest of the service.”
Hernando further asserted that the amount of P76,000 (which includes the fee and corresponding obligations) should be deemed a “just debt” and should be recovered from Bengson’s salary.

Bengson maintained that her involvement was limited to accommodating a request made by Hernando’s daughter, denying any personal interest in the matter.
She sought to distance herself from the misrepresentations made regarding the qualifications of the surveyor recommended.
Her defense included an attempt to classify her actions as purely private in nature, rather than as an abuse of her official position.

The original resolution imposed a light penalty (suspension for one month and one day) on the basis of simple misconduct.
In her motion for reconsideration, Hernando requested a more severe penalty reflecting the gravity of the misconduct and the breach of public trust.
The case background involved conflicting perceptions on whether the misconduct was directly linked to Bengson’s official duties or was merely a private transaction that tarnished the image of the Judiciary.

Whether the respondent’s act should be characterized and punished as Simple Misconduct or as “Conduct prejudicial to the best interest of the service.”

Whether the actions of Bengson—offering her services as a court employee and misrepresenting the qualifications of a recommended surveyor—directly compromised the integrity and trust in the public office.

Whether the amount of P76,000, allegedly received by the respondent and deemed as a “just debt,” ought to be recovered from Bengson’s salary by judicial order.

Whether the body of evidence, including admissions by Bengson and corroborative findings by investigators, sufficiently establishes her complicity in the fraudulent transaction.